Additional Commissioner's power to act as Assessing Officer was rejected, with the assessment dispute remanded for fresh consideration.

Whether an Additional Commissioner of Income-tax, despite not being named in section 2(7A), could exercise the powers and functions of an Assessing Officer to complete an assessment was answered against the assessee and in favour of the revenue, following the earlier order in the connected matter. The High Court recorded that the Tribunal had not examined the dispute on merits and therefore sent the assessment controversy back for fresh consideration. The question of law was answered in the negative, and the challenge to the assessment did not succeed on that point.

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Issues: Whether, in the absence of the name of an Additional Commissioner in section 2(7A), an Additional Commissioner of Income-tax could exercise the powers and functions of an Assessing Officer to make an assessment.

Analysis: The issue was answered by following the earlier order in the connected matter. The Court held that the legal question had to be answered against the assessee and in favour of the revenue. Since the Tribunal had not examined the matter on merits, the assessment controversy was sent back for fresh consideration by the Tribunal.

Conclusion: The question of law was answered in the negative and the challenge to the assessment did not succeed on that point.

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